1981-09
'l,
l'ullIlllIlIlA 1;/-l~.I'J
(Rev. 10.15.80)
This Agreement, made this
24
day of
March
QC1 1.3 '~t)'
81
,19_,
AGREEMENT FOR ENGINEERING SERVICES
by and between
City of Clermont, Florida
, hereafter
--
referredtoastheOWNER,and Springstead and Associates, Inc.
hereinafter referred to as the ENGINEER:
THE OWNER intends to construct a sewage treatment plant effluent pumping station,
force main, and sprayfield
in Lake CluntY,Stateof Florida ,which
may be paid for in part with financial assistance from the United States of America acting through the Farmers Home Admin.
istration of the United States Department of Agriculture, hereinafter referred to as FmHA, pursuant to the consolidated
Farm and Rural Development Act, (7 U.S.C. 1921 et seq.) and for which the ENGINEER agrees to perform the various
professional engineering services for the design and construction of said system.
WITNESSETII:
That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed:
SECTION A - ENGINEERING SERVICES
~.
The ENGINEER shall furnish engineering services as follows:
1. The ENGINEER will conduct preliminary investigations, prepare preliminary drawings, provide a preliminary itemized
list of probable construction costs effective as of the date of the preliminary report, and submit a preliminary engi-
neering report following FmHA instructions and guides.
2. The ENG INEER will furnish 10 copies of the preliminary engineering report, and layout maps to the OWNER.
3. The ENGINEER will attend conferences with the OWNER, representatives of FmHA, or other interested parties as
may be reasonably necessary.
4. After the preliminary engineering report has been reviewed and approved by the OWNER and by FmHA and the
OWNER directs the ENGINEER to proceed, the ENGINEER will perform the necessary design surveys, accomplish the
detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a
fmal cost estimate based on the fmal design for the entire system. It is al~ understood that if subsurface explorations
(such as borings, soil tests. rock soundings and the like) are required, the ENGINEER will furnish coordination of said
explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as
set out in Section D hereof.
5. The contract documents furnished by the ENGINEER under Section A4 shall utilize FmHA-endorsed construction
contract documents. including FmHA Supplemental General Conditions, Contract Change Orders, and partial pay-
ment estimates. All of these documents shall be subject to FmHA approval. Copies of guide contract documents may be
obtained from FmHA.
6. Prior to the advertisement for bids, the ENGINEER will provide for each construction contract, not to exceed 10
copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal. State,
and local agencies from whom approval of the project must be obtained. The cost of such drawings, specific:.ltions, and
contract documents shall be included in the basic compensation paid to the ENGINEER.
7. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by
prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of
such copies. Upon award of each contract. the ENGINEER will furnish to the OWNER five sets of the drawings,
specifications and contract documents for execution. The cost of these sets shall be included in the basic Compensation
paid to the ENGINEER. Original documents documents, survey notes, tracings, and the like, except those furnished
to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER.
8. The drawings prepared by the ENGINEER under the provisions of Section A-4 above shall be in sufficient detail to
permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to
the OWNER without any additional compensation, three copies of a map(s) showing the general location of needed
construction easements and permanent easements and the land to be acquired. Property surveys, property plats, pro.
perty descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER. unless the
OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to
provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof.
Position 6
FmHA 1942-19 (Rev. /0.15.80)
9.
10.
II.
.
12.
13.
14.
e
(Sed Illn A - ....ullllllUed)
The ENGINEER will attend the bid opening and tabulate the bid proposals, make an analysis of the bids, and make
recommendations for awarding contracts for construction.
The ENGINEER will review and approve, for conformance with the design concept, any necessary shop and working
drawings furnished by contractors.
The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and
defkiencies in construction on the par! of the contractors. The ENGINEER will not, however, guarantee the per-
formance by any contractor.
The ENG INEER will establish baselines for locating the work together with a suitable number of bench marks adjacent
to the work as shown in the .:ontracI documents.
The ENGI N EER will provide general engineering review of the wurk of the conI ractors as construction progre sses to
ascertain that the contractor is conforming with the design concept.
Unless notified by the OW\"ER in writing that the OWNER will provide for resident inspection. the ENGINEER will
pro\'ide resident construction inspection. The ENGINEER'S undertaking hereunder shall not relieve the contractor of
contractor's obligation to perform the work in conformity with the drawings and specifications and in a workmanlike
manner: shall nOl make the ENGINEER an insurer of the contractor's performance: and shall not impose upon the
ENGINEER any obligation to see that the work is performed in a safe manner.
IS. The ENGINEER will cooperate and work closely with FmHA representatives.
16. The ENGINEER will review the contractor's applications for progress and final payment and, when approved. submit
same to the OWNER for payment.
17. The ENGINEER will prepare necessary contract change orders for approval of the OW1\iER, FmHA, and others on a
tinlely basis.
18. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of aU con-
struction and submit a written report to the OWNER and FmHA. Prior to submitting the final pay estimate, the ENGI-
NEER shall submit a statement of completion to and ubtain the written acceptance l)f the facility from the OWNER
and FmHA.
19. The ENGINEER will pro\'ide the OWNER with one set of reproducible record (as-buiJt) drawings, and two sets of
prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the
contractor during construction and reviewed by the resident inspector and from the resident inspector's construction
data.
20. If State statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation.
21. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen
project operation difficulties for a period o( one year after the date of statement of substantial completion of the
facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not
include supervision of normal operation of the system. Such consultation and advice shall be furnished without addi-
tional charge except for travel and subsistence costs. The ENGINEER will assist the OWNER in performing a review of
the project during the lIth month after the date of the certificate of substantial completion.
22. The ENGINEER further agrees to obtain and maintain, at the ENGINEER'S expense, such insurance as will protect
the ENGINEER from c1ainlS under the Workman's Compensation Act and such comprehensive general liability in-
surance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage
which may arise from the performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S
functions and services required under this Agreement.
23. The services called for in the Section A-I and A-2 of this Agreement shall be completed and the report submitted
within p r~ vi Oil" 1 Y rnmp 1 ~ t~ci calendar days from the date of authorization to proceed. After
acceptance by the OWNER and FmHA of the Preliminary Engineering Report and upon written authorization from the
OWNER, the ENGINEER will complete final plans, specifications and contract documents and submit for approval
of the OWNER, FmHA and all State regulatory agencies *K>>(~ hy ~E'ptelPber 1. 1922
~j(~)f~~~~K unless otherwise agreed to by both parties.
If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER.
The time for complet ion will be extended by the OWNER for a reasonable'time if completion is delayed due to un-
foreseeable causes beyond the control and without the fault or negligence of the ENGINEER.
-2-
.'
SECTION B. COMPENSATIO~ FOR F~GINEERING SERVICES
I. The OWNER shall compensate the ENGINEER for preliminary englllcering services in thc sum of
.
Dollars (S
after the review and approval of the prelllninary engineering report by thc OWNER and FmHA.
N/A
~
The OW!'iER shall compensate the ENGI\'EER fur dcsign and contract administration engineering servi..:es in the
amount of: (Sclect (a) or (b))
(a) N/ A
(b) As shown in AtlactU11entl
When Attac!ul1cnt I is used 10 establish compensation for the design and contract administration services, the
actual construction costs on which compcnsation is detemlined shall exclude legal fees, administrative costs,
engineering fees, land rights, acquisition costs, water costs, and interest expense incurred during the construc-
t ion period.
Dollars (S
) or
3. The compensation for preliminary engineering serviccs, dcsign and contract administra!ion seniccs shall be payable
as follows:
(a) A sum which equals seventy percent (70'7c) of the total compensation payable under Section B-1 and 2, after
completion and submission of the construction dl3wings. specifications, cost estimates, and colltract documents,
and the acceptance of the same by QW:-\ER and FmI-lA.
(h I A sum whidl. to!!cthcr with the ,(\lllpeIlSatioll pr,'viJeJ ill ScCtil11l 13.3-(3) ah<l\c. e'lu3ls .:il.!llIY percellt (l-iUr:;)
of the compcllSJtion p3yable iml1l.:diatdy after the c"l1stru,tiun contracts arc awardt'd.
(c) A sum equal to fifteen percent (15::,) of the comp.:nSJtion will be paid on a monthly basis for general engineering
review of the contractor's work during the construction period on pcrcentage ratios identical to those approvl'd
by the ENGINEER as a basis upon which to make partial pa}ments to the con\ra..:tor(s). Howl'ver. payment
under this paragraph and of such additional sums as are due the ENGINEER by rea~1n of any necessary :Id-
justments in the payment computations will be in an amount so that the aggrl'gale of aU sums paid to the ENGI.
t-;EER will equal ninety-five (lJ5'i(.) of the compensation. A IInal paYl11cnt t(1 c:yuJI 100 percell I shall be iliadI.'
when it is detemlined that all services requircd by this Agrecment havc becn cumplt'ted except for the services
set forth in Section A.21 hereof.
SECTION C . COMPENSATION FOR RESIDENT INSPECTIO~ AS SET
FORTH IN SECTION A.14
When the ENGINEER provides resident inspection, the ENGINEER will, prior to the precl.lIlstruction conference,
suhmit a resumc of the resident inspector's qualifications, anticipated duties and responsibilities for approval by the OWNER
and FmHA. The OWNER agrees to pay the E!\GlNEER for such services in accordancc with the schedule sct out in Attach.
ment I. The ENGINEER will render to OWNER for such services an itemized bill. once l'ach month. for compensation for
such services performed hereunder during such period, the same to be due and payable by the OWNER to the ENGINEER on
or before the 10th day of the following period. Under normal construction circumstancl's, and for the proposed construction
period of
180
days, the cost of resident inspection is estimated to be $ 22.087 _ 00
SECTION D. ADDITIONAL ENGINEERING SERVICES
.
III addition to the foregoing being performed, the following ~rvices may be provided UPON PRIOR WRITTEN AUTHOR-
IZATION OF THE OWNER and written approval of FIIIIIA.
1. Site surveys for water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as
may be required.
2. Laboratory tests, well tests, bllrin~s. specialized ~elll,,~ic;i1, soils, hydraulic. llr lither studies recllllllllcndl'd hy thl'
ENGINEER.
3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating
for land and easement rights.
4. Necessary data and filing maps for water rights, water adjudication, and litigation.
.3.
it
..
(SeCtiO.l D - continued)
e
6.
7.
8.
Redesigns ordered by the OWNER aftedinal plans h~ve been accepted by the OWNER ~nd FmHA, except redesigns
to reduce the project cost to within the funds available.
Appearances bcfore courts or boards on matters of litigation or hearings related to the project.
Preparation of environment impact assessments or environmental impact statements.
Performance of det:Jiled staking necessary for construction of the project in excess of (he control staking set forth
in Sed ion A. 12.
9. The ENGIt\EER further agrees to provide the operation and maintenam'c manual for facilities when required for
5.
s
5,500.00
PJymellt I'll[ tht. S~f\'i~~s spel.jt'ied in this Section D shJII be as agrel'd in writin:! h"'l\l~~lIth... O\\':'\FR and approved by
FmllA prior t" ,'ll1lT!1en..:emellt of th~ work. Barrin~ unfureseen ,ir\.'umstall,e~. such, payment is estimated' not 10
exceed $ see below . The ENGINEEr. wiD render to O\V1\ER fur sl:ch services an itemiz.ed bill. separate
from any other billing, once each month, for compensation for services perforllll'J hereunder during such per iod,
the sallie to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period.
SECTION E . INTEREST ON n';PAID SL~1S N/ A
If OWNER fails 10 make any payment due ENCINEER within 60 days for services :lnd expenses and funds are avail,
able f('.r the proje..::t then the ENGINEER shall be entitled to interest at thc ratc llf
pcr al!num frum said (,Oth day. no( to ex~eed all <lnllual rail.' of I ~ percent.
12
percent
SECTION F. SPECIAL PROVISIOl\S N/ A
(Section D - continuedj
Professional Engineer @ $37.50/hr.
Engineer @ $30.00/hr.
Engineering Technician @ $25.00/hr.
Design Draftsman @ $22.50/hr.
Draftsman @ $17.50/ hr.
Professional Surveyor R.L. S. @ $32.50/hr.
Draftsman Computer @ $25.00/hr.
Computer Time - IBM Series I @ $85. OO/hr.
Two-Man Survey Crew @ $40.00/hr.
Three-Man Survey Crew @ $45.00/hr.
Four-Man Survey Crew @ $5G.00/hr.
Electronic Distance Meas. Me te r @ $17.50/hr.
Secretary/Word Processor @ $17.50/hr.
Secretary/Clerical @ $13.00/hr.
.
Reimbursement shall be made to Springstead and Associates, Inc., at cost for
all out-of-pocket expenses, including, but not necessarily limited to printing,
blueprinting, long distance telephone carges, and travel by automobile at 25~
per mile. All construction testing if needed will be billed at cost.
-4-
,
SECTION G - APPROVAL BY FmHA
This Agreement shall not become effeclive until approvcd by FmIlA. SUl:h npproval shall bc evidenced by the signa-
turc of a duly authorized representative of FmHA in the space providcd at the end of this Agreement. The approval so evi-
dClll:cu by FmHA shaU in no way commit FllIHA to render finandal assistanl:e to lhe OWNER and is without liability for
any payment hereunder, but in the cvent such assistance is provided, the approval shall signify that the provisions of .this
Agrcement are consistent with the requirements of FmHA.
.
IN WITNESS WHEREOF, thc parties hereto have executed, or caused to be executed by their duly authorized oftkials,
this Agreement in duplicate on the respective dates indicated below.
ArrEST
UL fJ.~)
,..
::~~~
J, M. Hoskinson
(SEAL)
Type Name
Title
Mayor
Type Name
Sandra o. Rozar
. Date
3/24/81
Title
City Cl erk
('SEAL)
AmST~/!;.~
Elmer B. Sampson
By
Joh W~ Springstead, P.E.
Springstead and Associates, Inc.
Presiaent
ENG
,(
Type Name
Title
Tille
Dale
3/20/81
APPROVED:
FARMERS HOME ADMINISTRATION
By #~,..e. ~~
Type Name
THOMAS R. HOSKINS
Title
State Engineer
.Date
November 5, 1982
.s.
INTERIM AGREEMENT N/ A
(For.... o..ty wlteR OWNER h not 10001"Y o~nlzell on tllealte tile Alr..m.nt for EngIneerIng Slll'vlces.s e.ecut.a,)
..
. day of , 19 _, by the party designated as OWNER therein, the undersigned,
hereinafter referred to as INTERIM PARTIES. have executed this Interim Agreement in consideration of the services de.
scribed in Section A-I through A-3. inclusive, of said Agreement for Engineering Services to be performed by the ENGI-
NEER, and the ENGINEER agrees to accept this Interim Agreement as evidenced by ENGINEER'S execution hereof con-
temporaneously with the execution of the Agreement for Engineering Services. The ENGI\EER also agrees to perform the
services set forth in Section A-I through A-3, inclusive, of said Agreement in consideration 0 f the sum stated in Section B-1
of said Agreement be paid in the manner set forth therein.
In lieu of the execution of the foregoing Agreement for Engineering Scrvices dated the
It is anticipated that the OWNER shall promptly become a legal entity with fuU authority to accept and execute said
Agreement for Engineering Services and that the OWNER, after becoming so qualified, shall promptly take such action
necessary to adopt, ratify, execute, and become bound by the Agreement for Engineering Services. The ENGINEER agrees
that upon such due execution of the Agreement for Engineering Services by the OWNER, the INTERIM PARTIES automat-
ically will be relieved of any responsibility or of liability assumed by their execution of this Interim Agreement, and that the
ENGINEER will hold the OWNER solely responsible for performance of the terms and conditions imposed upon the OWNER
by the Agreement for Engineering Services, including the payment of all sums specified in Section B.l of said Agreement.
If the OWNER is not legally organized, or if after being duly organized it fails or refuses to adopt, ratify, and execute
the Agreement for Engineering Services within 30 days from the date it becomes legaUy organized and qualified to do so,
or if for any other reason the project fails to proceed beyond the preliminary stage described in Section A-I through A-3
inclusive, of said Agreement, the INTERIM PARTIES agree to pay ENGINEER for such preliminary engineering services,
an amount not to exceed the sum specified therefor in Section 8-1 of said Agreement,
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,
this Agreement in duplicate this
day of
,19_.
OWNER
ENGINEER
.
+ OU.S, GOVF.RN>.t':NT PRINTING OFFICE: 1980-766-224
."
MJ::..D1AN FEES 1-'UI{ I'ROFESS lO~AL
ENG-INEERIHG SERVICES - SECTION "A" FORM FmHA ,442-19
AS A PERCENTAGE OF NET CONSTRUCTION COST
FLORIDA
ATTACHMENT I
.r
.
A. The
contract..
fees are to be adjusted to suit special conditions as stated in the
Net Construction Cost
Basic Fee
Table I
Res. Insp. Fee
Table I-A
Basic Fee
Table II
Res. Insp. Fee
Table II-A
50.000 12.0 5.0 9.0 4.0
100,000 11. 5 4.8 8.5 3.8
200,000 10.5 4.6 7.7 3.6
300.000 9.6 4.4 7.3 3.4
400,000 9.2 4.2 7.0 3.2
500,000 8.8 4.0 6.7 3.0
600,000 8.4 3.8 6.5 2.8
700,000 8.2 3.6 6.3 2.6
800,000 8.0 3.4 6.2 2.4
900,000 7.8 3.2 6.1 2.2
1,000,000 7.6 3.0 6.0 2.0
-2. aDO, 000 7.0 2.8 5.6 1.8
3,000,000 6.8 2.6 5.4 1.6
5,000,000 6.2 2.3 5.0 1.3
10,000,000 5.5 2.0 4.5 1.0
For construction projects that are less than $50,000 in size. the median
compensation may ~e increased over that shown in the above tables. The engineer
will be compensated for hasic engineering services based on a percentage of the
total actual construction co~ts of projects of unusually co~plex items such as
water treatment plants, sewers, and sew~ge tre~tment plants, rehabilitation of
existing treatment facilities as shown in Table I, and for a1] other projects as
shown in Table II. The fee for project costs Callini; betw~~cn the fIgures shown
in above tables shall be interpolated to nearest one-tenth percent. The owner will
be in full agreement with the engineering compensation and will understand the
reasons why such compensation is justified.
I
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I
j
I
I
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B. The Engineer also agrees to make an inspection of the fncilities prior
to the end of the one-year warranty and report any deficiencies noted and
suggest ways of getting them corrected to the Association (Town, etc.) without
charge.
C. Maximum amount of loan and/or grant funds that can be authorized to compen-
sate an engineer for providing a full-time resident inspec~or in accordance with
.celion "c" of Agreement for Engineering SprviC'(.s, Fonn FllllI^ /,',2-19. will he as
how1l 1n Tables IA for waste'water sYl:itC'ms ilnd II ^ for wall'r sy~;tenlR.
,
OWNER'S INITIA
f